Terms and Conditions
Chapter 1: General Provisions
Article 1 (Purpose)
These terms and conditions (from now on referred to as the "Terms") aim to define the rights, obligations, and responsibilities of the NSTRI Data Platform (from now on referred to as the "Platform"), operated by the National Strategic Technology Specialized Research Institute (from now on referred to as the "Institute"), and its users.
Article 2 (Definitions)
The definitions of terms used in these Terms are as follows:
- "Service" refers to the analysis infrastructure services, such as GPU and CPU, and AI-based integrated services, such as data search and medical terminology translation, provided by the "Platform" to assist users in their research. Services consist of individual services (from now on referred to as "Individual Services"), and members (users) may select and use Individual Services with the consent of the "Platform."
- "Member (User)" refers to a person who accesses the Platform, agrees to these Terms, registers as a member, and can use the services provided by the "Institute" through the Platform upon logging in.
- "Operator" refers to a person appointed by the "Institute" to manage and ensure the smooth operation of the Platform.
- "ID" refers to a combination of letters and numbers set by the member and approved by the Platform to identify the member and facilitate the use of services.
- "Password" refers to an alphanumeric and unique character combination of at least eight characters set by the member to protect their confidentiality and confirm their identity, ensuring the security of various information provided on the Platform.
Article 3 (Posting and Modification of Terms)
- These Terms shall become effective when posted on the Platform screen by the "Institute" or otherwise communicated to members by any other means. Members must agree to these Terms to access or use the Platform services.
- If unavoidable circumstances arise, the "Institute" may amend these Terms in a reasonable manner within the limits of applicable laws. In such cases, the "Institute" shall notify the members by posting the effective date and details of the amended Terms on the Platform screen at least seven days before the effective date. However, if the amendments are disadvantageous to the members, the members shall be individually notified at least 30 days in advance.
- If the amended Terms are announced or notified as specified in the preceding paragraph and it is communicated to the members that their failure to express their intention within 30 days will be deemed as consent, the member's continued use of the Platform after the effective date of the amended Terms shall be considered as an agreement to the amended Terms unless the member explicitly rejects the amendments before the effective date.
- If a member does not agree to the amended Terms, their use of the Platform may be restricted. In such cases, the Platform shall notify the member of the reasons for termination and provide relevant guidance through written communication, email, or equivalent methods.
Article 4 (Matters Not Specified in the Terms)
- Matters not specified in these Terms shall be governed by relevant laws, applicable regulations, general practices, and the operational policies of individual services on the website, if any. The "Institute" may implement separate operational policies for each Service.
- The "Institute" may establish separate terms applicable to Individual Services, which shall operate as individual terms. In cases where the individual terms conflict with these Terms, the particular terms shall prevail unless otherwise specified.
- In the absence of provisions in the individual terms, these Terms shall apply.
Chapter 2: Use of Services
Article 5 (Application for Use of Services)
- Applicants for service use (from now on referred to as "Applicants") may use the services after agreeing to the Terms.
- If the Institute needs to review required documents by applicable laws during the service application process, the Applicant must submit the necessary documents. Upon approval by the Institute, the service use agreement (from now on referred to as the "Service Agreement") is established. The Service Agreement is based on the time used for functions that can be used without submitting documents.
- The applicant must provide their real name and accurate information when applying for service use. If the Applicant uses a pseudonym or includes false information illegally, they shall not be entitled to claim or enjoy the rights specified in the Terms, and the Institute may terminate the Service Agreement.
- Personal information provided by the Applicant during the service application process is protected by applicable laws, regulations, and the Institute's privacy policy.
- If the Applicant is a minor under civil law, the service cannot be used even with the consent of a legal representative (guardian), and the Institute may reject the service application of minors. Using the services, the member confirms to the Institute that they are not minors.
Article 6 (Establishment of the Service Agreement)
- If the Applicant accurately and faithfully provides the information specified in Article 5, the Institute shall approve the application unless there are special reasons not to
- After receiving the application, the Institute may refuse, delay approval, or terminate the Service Agreement under the following circumstances:
- The Applicant did not use their absolute or another person's names.
- The Applicant provided false information or failed to submit the information required by the Institute.
- The Applicant intends to use the services for unlawful purposes, illegal acts, or violating applicable laws.
- Approval of the application is not feasible for reasons attributable to the Applicant or because the application violates the Institute's policies.
- The Applicant has outstanding payments to the Institute.
- The Applicant has delayed payment of service fees (from now on referred to as "Service Fees") or has a history of inappropriate service use.
- Other circumstances equivalent to items 1 through 6, where approval is deemed significantly inappropriate.
- If the Institute refuses or delays the approval of the service application, it shall notify the Applicant accordingly.
Article 7 (Notices to Members)
- The Institute shall individually notify members. Unless otherwise specified in the Terms, notifications to members shall be made using the email address registered by the member at the time of service application.
- In cases where a notification must be made to all members, the Institute may substitute individual notices by posting the information on the service website for seven days or more instead of the method specified in Paragraph 1. However, this provision does not apply when notifying members of adverse changes related to their rights and obligations.
- Members must keep their contact information (email address) current to receive notices from the Institute. The Institute shall not be liable for any disadvantages members incur due to outdated contact information.
Article 8 (Types and Changes of Individual Services)
- The Institute shall publish the details of individual services, including the types, specific information, and prices of the services, as well as the terms of use and operating rules for each service, on the service website. Members must thoroughly review the information on the service website and apply for and use the services based on the relevant information.
- The Institute may add or change the type or price of individual services only when new information is posted on the service website or notified to members by Article 7. However, if the changes may adversely affect the members' rights and obligations, members shall be notified by the conditions specified in Article 7.
- If a service is to be terminated, the Institute shall notify members of the expiration or termination at least 60 days in advance.
Article 9 (Provision of Services)
- The Institute shall, in principle, provide services 24 hours a day, seven days a week. However, in cases where necessary, such as equipment inspections or unavoidable circumstances like equipment failures or service disruptions due to excessive use, the Institute may wholly or partially restrict the use of the services.
- The Institute may conduct regular inspections necessary for the provision of services, and the schedule shall be communicated to the members or posted on the service website.
- Information or data stored by members using the services provided by the Institute are owned or managed by the members, and the Institute shall not access such information without the member's consent
- The Institute shall not compensate members for any damages caused by changes in the service content, except in cases of the Institute's willful misconduct or gross negligence.
Article 10 (Member Account Management)
- A person may apply for membership by filling out the member information in the format prescribed by the Institute and indicating their consent to these Terms.
- The Institute shall register an applicant as a member unless the applicant falls under any of the following:
- The application was made using another person's name.
- The applicant has previously lost membership status under Article 13, Paragraph 1 of these Terms.
- The application contains false, omitted, or erroneous information.
- Other cases where the applicant is deemed ineligible for membership.
- The membership agreement is established when the application is submitted.
- Members are responsible for managing their ID and password and preventing unauthorized use by third parties.
- If a member becomes aware that their ID and password have been misused or accessed by a third party, they must immediately notify the Institute and follow the Institute's guidelines.
- The Institute may restrict the use of an ID if there is a risk of personal information being disclosed or leaked without authorization or if the ID is likely to be misinterpreted as being associated with the Institute or its operators.
- All responsibilities arising from violating the obligations under this Article rest with the member. The Institute shall not be liable for any disadvantages incurred due to the member's failure to comply with this Article or follow the Institute's instructions or guidelines.
- The Institute may limit the number of accounts an individual member may hold per its policies.
Article 11 (Modification of Member Personal Information)
- Members may view and edit their personal information at any time through the personal information management page on the service website.
- If the member's information changes after submitting the service application, the member must update the information on the service website and notify the Institute via email or other methods.
- The Institute shall not be liable for any disadvantages caused by inaccurate personal information provided by the member or by the member's failure to notify the Institute of changes specified in Paragraph 2.
Article 12 (Transfer and Modification of Related Member Information)
- No member may transfer, assign, or dispose of their rights and obligations under the Service Agreement or other rights under this Agreement to any third party through assignment, transfer, setting a security interest, or any other means.
- In cases where inheritance, merger, or division results in a third party (from now on referred to as the "Assignee") succeeding to the legal status of the member under the Service Agreement with the Institute, the member and the Assignee must immediately notify the Institute by the designated procedures and provide documentation evidencing such succession.
- In the case of member information changes under Paragraph 2, the Assignee shall be responsible for fully complying with the Terms and Conditions of the Service Agreement before the succession. If any issues arise from the succession, the member and the Assignee shall bear joint responsibility.
Article 13 (Suspension or Termination of Service Use by the Institute)
- The Institute may suspend a member's use of the service without prior notice if any of the following apply:
- The member has not paid the fees by the due date.
- The member transmits large volumes of information or advertisements that may impede stable service operations or mediate such activities.
- Programs running on the member's server harm or threaten the operation of other members' systems or the Institute's service.
- Abnormal traffic from the member's system impacts the network.
- The member fails to install appropriate security updates, posing risks to the service operation.
- The member uses the service for purposes contrary to national or public interests.
- The member's use of the service violates laws or public order and morality.
- The member's actions damage others' reputations or cause disadvantages.
- The member's server is infected or suspected of being infected with viruses or hacked.
- Legal grounds exist to suspend service use, such as a third-party claiming rights infringement.
- Government agencies request or order the temporary service suspension by legal procedures.
- The member circumvents conditions or restrictions set by the Institute, such as creating multiple accounts to exploit special offers.
- Other violations of relevant laws, the Institute's Terms, or conditions.
- If service use is suspended under the reasons in Paragraph 1, the Institute shall notify the member of the suspension reason, duration, and formal means of objection. The Institute shall restore service use rights promptly when the cause of suspension is resolved.
- If the reasons for suspension continue, the Institute may terminate the Service Agreement and notify the member as specified in Article 7. The same applies if a partner requests contract termination due to the member's continued non-payment.
- The Institute may charge fees incurred during the suspension period for the reasons specified in this Article.
Article 14 (Service Interruption)
- The Institute may interrupt service provision in the following cases:
- Unavoidable circumstances include terminating contracts related to service provision, equipment repairs, and other maintenance work.
- National emergencies, equipment defects, or surges in service use that threaten regular service operation.
- Force majeure events, such as natural disasters, that render stable service provision impractical.
- Telecommunications providers discontinue their service.
- In cases specified in Paragraph 1, Item 1, the Institute shall notify members in advance and may announce service interruptions through the service access screen or website. However, if prior notice is impossible due to reasons beyond the Institute's control, this shall not apply.
- For items specified in Paragraph 1, Items 2, 3, and 4, the Institute may temporarily suspend the service without prior notice.
- The Institute shall not compensate for damages incurred by members or third parties due to temporary service interruptions, except in cases of willful misconduct or gross negligence by the Institute.
Article 15 (Suspension or Termination of Service by Members)
- If members wish to discontinue service use, they must notify the Institute through the procedures posted on the service website. The Institute shall suspend or terminate the service according to the schedule requested by the member under normal conditions. However, if service fees remain unpaid as of the termination request date, the termination process shall proceed only after full payment.
- If a member temporarily suspends the Service Agreement during the service period, the permissible suspension period, fees during suspension, suspension conditions, and effects shall be governed by the individual terms of each contract.
- In cases where a member suspends service use under the reasons specified in Paragraph 2 ("Service Suspension"), the service may be suspended for a maximum of 90 days at a time and a cumulative 180 days in 12 months. If the maximum period is exceeded without explicit consent from the Institute, the Institute may suspend the service after notifying the member. In this case, data stored on the server shall be backed up for 30 days and then deleted. The member may request data recovery within this period. Details about permissible service suspension types and fees during the suspension are posted on the service website.
- Members must back up their stored data during the service period before terminating the Service Agreement. Upon termination, the Institute shall delete all member resources and materials which cannot be recovered for any reason.
Article 16 (Termination of Service Agreement by the Institute's Discretion)
- The Institute may terminate the Service Agreement at its sole discretion without further consultation with the member in the following circumstances:
- The member fails to act appropriately regarding unpaid service fees within the period specified in the Service Agreement.
- Information provided in the service application is found to be false.
- The member intentionally disrupts the Institute's service operations, causing loss to the Institute.
- The member uses the Institute's services for cryptocurrency mining purposes.
- The member violates their obligations specified in Article 26 (Obligations of Members) and fails to take appropriate corrective actions within a reasonable period despite the Institute's request to resolve the issue.
- The member fails to take appropriate corrective actions within a reasonable period in response to the Institute's or partner's request to resolve issues outlined in Article 13 (Suspension of Use).
- The member's use of the service, including its purpose and methods, violates domestic or international laws, and a government agency lawfully requests termination of the service.
- In the cases specified in Paragraph 1, Items 1, 2, 4, or 5, the Institute may request the member to resolve the issue within a specified period. The Institute may terminate the Service Agreement if the member fails to take corrective actions.
- If no "Individual Service" is used for one year after establishing the Service Agreement, the Institute may terminate the contract for the specific "Individual Service" after notifying the member. In such cases, prior notification to the member shall be conducted using the method outlined in Article 7.
Chapter 3: Service Fees and Management
Article 17 (Service Fees)
- The Institute shall publish service fees and any changes to it on the service website.
- Unless there are exceptional circumstances, any changes to the service fees during the term of the Service Agreement shall not be retroactively applied to the entire duration of the Service Agreement.
Article 18 (Calculation and Settlement of Service Fees)
- Service fees are calculated monthly, from the first to the last day of each month.
- If service use commences mid-month, the service fee from the commencement date to the end of that month shall be calculated pro-rata.
Article 19 (Payment and Billing of Service Fees)
- The Institute shall issue an invoice to the member in the month following the month in which the service fee is incurred. The member must pay the invoiced amount on or before the due date specified by the Institute in advance.
- Payment of service fees shall be made exclusively through PG credit card payment.
- The Institute shall ensure members receive the service fee invoice at least five days before the due date.
- If the member fails to pay the service fee by the due date, the Institute shall notify the member of the outstanding fee via email.
- If the member does not pay the service fee by the end of the following month, the Institute may terminate the service by the procedures and methods specified in the Terms and posted on the service website.
Article 20 (Responsibility for Payment of Service Fees)
The member is responsible for paying the service fees. However, if the member designates a person responsible for payment, both the member and the designated payment responsible party shall bear joint responsibility for the payment of service fees.
Article 21 (Objections to Invoices)
- If a member disagrees with the invoiced service fees, they may officially file an objection with the Institute in writing or via email.
- Upon receiving the official objection as per Paragraph 1, the Institute shall review the matter and inform the member of the results within 14 business days. If the Institute cannot notify the member of the results within the specified period, it shall inform the member of the reasons for the delay.
Article 22 (Refund of Service Fees)
- If the member overpays service fees, the Institute or its partner may offset the overpaid amount against the member's following service fee.
- Before the offset specified in Paragraph 1, if the member requests a refund of the overpaid amount, the Institute or its partner shall refund the corresponding amount to the member.
Chapter 4: Obligations of the Contracting Parties
Article 23 (Obligations of the Institute)
- The Institute shall try to provide the requested services to members stably and continuously.
- In the event of any disruption that interferes with the regular operation of the service, the Institute shall repair or restore the service as quickly as possible and make every effort to maintain stable service operations.
- To facilitate the smooth operation of the services, the Institute may collect and store members' personal information by the privacy policy posted on the Platform. The Institute shall not provide a member's personal information to any third party without the member's consent, except in cases where a court or other judicial authority requests disclosure through a warrant or similar legal document by relevant laws and regulations.
- The Institute shall not access, or process member information related to the services for purposes outside the scope of the Terms. However, the Institute may access and review member information when necessary, such as troubleshooting service disruptions and protecting member information.
- The Institute shall obtain the member's consent if it becomes necessary to process member data, such as deleting or modifying information, to ensure the smooth provision of services. However, if permission is not obtained or refused, the absence of such consent hinders the Institute's service operation or the use of services by other members. In that case, the Institute may suspend the member's service use by the procedures specified in Article 13, Paragraph 2, and subsequent provisions.
Article 24 (Obligations of Members)
- Members must pay the service fees by the specified due date or earlier.
- Members shall not interfere with the Institute's service operations, hinder other members' use of the service, or infringe upon the rights of third parties. The Institute may provide a menu on the Platform allowing members to report or notify the Institute of any illegal activities by other members.
- Members shall not use the services to distribute, post, or link obscene, illegal, harmful, or gambling-related information or engage in illegal activities under the law. Members are solely responsible for managing, owning, and controlling all information and services they operate through the Platform.
- Members must comply with applicable laws and regulations to manage and protect the information When processing, managing, using, or accessing third-party personal information through the services. The Institute shall not be responsible for any outcomes, losses, or damages, including but not limited to third-party information leaks caused by unlawful activities outside the Institute's legally designated pseudonym information processing procedures.
- The Institute may perform security monitoring operations related to members' use of the services to implement security measures. To this end, the Institute may access and review member information, communicate the results to the member, and request enhanced security measures. Members are required to comply with the Institute's security enhancement requests.
- Members must own or acquire all rights to software programs they operate through the services and shall be fully responsible for any copyright issues.
- The Institute shall bear no responsibility if a member distributes or sends illegal software or spam information through the services, causing harm to other members or third parties. The member shall indemnify the Institute and protect it from any obligations, losses, damages, and claims, including legal actions brought against the Institute.
- Members shall not post or transmit data containing software viruses or any computer code, files, or programs designed to disrupt or destroy the stable operation of the service, computer systems, or networks.
- Members must fully understand, adhere to, and comply with applicable laws, the Terms, and the guidelines and preventive measures specified on the service website. Members shall not engage in actions that interfere with the Institute's operations.
- Members are responsible for backing up and storing data handled through the services using methods designated by the Institute. Members shall bear responsibility for any losses caused by negligence in data management.
- Members must use the output obtained through the services for ethically sound research purposes. This includes reproduction, adaptation, translation, derivative works, performance, exhibition, broadcasting, distribution, publication, or provision to third parties. When engaging in such activities, members must manage the outputs according to the security guidelines designated by the Institute. The Institute bears no responsibility for actions outside its designated security guidelines.
- All content included on the Institute's service website—such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software—are the property of the Institute or its content providers and are protected under copyright laws and related regulations. Members may not reproduce, copy, use, download, modify, resell, or otherwise exploit any content, in whole or in part, for commercial purposes without a separate agreement with the Institute or the Institute's express written consent.
Chapter 5: Liability and Compensation
Article 25 (Liability of the Institute)
- If the Institute fails to achieve and maintain the service level guaranteed for an "Individual Service" due to its fault, compensation shall be provided by the Service Level Agreement (from now on referred to as "SLA") defined for each "Individual Service."
- The Institute's liability for compensation arising from the member's inability to use the "Individual Service" is limited to what is specified in the SLA, and the Institute shall not be liable for indirect or incidental losses, such as the member's expected profits.
- This provision applies only to members who use the Institute's services on a paid basis. The Institute shall not be liable for damages incurred by members who use the service for free or through events or other complimentary means.
Article 26 (Liability of Members)
- The member agrees to indemnify, defend, and hold harmless the Institute, its affiliates, officers, employees, agents, partners, and licensors from and against any claims or disputes arising from:
- The member's violation or infringement of the Terms, applicable laws, or regulations.
- Actions taken by the Institute based on the suspicion or determination of the member's violation of the Terms
- If the member is liable to compensate the Institute, such compensation shall include, but not be limited to, legal costs, expenses, and any damages resulting from the claims specified above.
- The provisions of Article 25 shall govern the procedures for the Institute's claim for damages against the member.
Article 27 (Limitation of Liability)
- Notwithstanding other provisions, the Institute shall not be liable for any loss or damage, regardless of whether foreseeable, arising under contract, tort (including negligence), or otherwise, to the maximum extent permitted by applicable law, in the following cases:
- Circumstances caused by force majeure, such as natural disasters or war.
- Circumstances caused by the member's intentional actions (including willful misconduct), omissions, or negligence.
- Disruptions related to telecommunications services provided by providers other than the Institute.
- Service interruptions due to unavoidable circumstances such as service diagnostics, following prior notice, except when the Institute intentionally or negligently disrupts services.
- Scheduled maintenance executed by the Institute following prior notification by Article 9.
- The member's service use is beyond the scope defined in the Service Agreement.
- Damage to the member or a third party due to inaccuracies or illegality of information posted by the member on the service.
- Security breaches caused by the member's negligence in system security management.
- Service interruptions due to national emergencies, nationwide network failures, or equivalent force majeure events.
- Service interruptions to prevent the spread of incidents originating from the member's system.
- Service disruptions due to unlawful external intrusions, despite the Institute's implementing protective measures by applicable laws.
- Service interruptions to prevent the spread of incidents originating from the member's information systems.
- Disruptions caused by equipment, software, applications, or operating systems installed by the member of the Institute's service.
- If the member uses the service for free.
- The maximum cumulative liability of the Institute for all damages, losses, and causes of action arising from contract, tort (including negligence), or otherwise shall be limited to (A) the total amount paid by the member to the Institute for service use in the three months preceding the date of the event giving rise to the claim under this condition.
- The Institute shall not be liable for any special, direct, indirect, punitive, incidental, consequential damages, or loss of profits, savings, business interruption, loss of information, or other damages arising from or related to the service under contract, tort, or any other grounds.
Article 28 (Governing Law and Jurisdiction)
- The Terms shall be governed by the laws of the Republic of Korea, without regard to conflict of law principles, irrespective of the member's location.
- The member and the Institute irrevocably agree to the exclusive jurisdiction and venue of the Seoul Central District Court and waive any objection to such jurisdiction or venue. Notwithstanding the preceding, the judgments and orders of the Seoul Central District Court may be enforced in any court of competent jurisdiction in the location of the member or the Institute.
Article 29 (Disclaimer of Warranties)
- To the maximum extent permitted by applicable law, the services are provided "as is" and "as available," and the Institute makes no representations or warranties, express or implied, regarding conditions, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose, non-infringement, uninterrupted service, error-free operation, or prevention of harmful elements, including but not limited to data damage or loss.
- to the maximum extent permitted by applicable law, the Institute makes no representation or warranty regarding the validity, accuracy, reliability, quality, stability, completeness, or timeliness of information provided through the service.
Article 30 (Severability)
Suppose any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction. In that case, the enforceability of the remaining provisions shall not be affected and remain valid and enforceable.
Article 31 (Non-Waiver Clause)
Failure by the Institute to enforce any right or act in response to a breach of these Terms by the member shall not be construed as a waiver of any rights or future actions against similar or subsequent breaches.
Article 32 (Compliance with Trade Regulations)
As a condition for purchasing and using the services, the member agrees to comply with all applicable laws, including but not limited to Educause Export Controls, US Export Administration Regulations, International Traffic in Arms Regulations, and international and national economic sanctions programs. For clarification, the member (and the end user, if applicable) is fully responsible for compliance with how the member chooses to use the services, including transmission and processing of member information. The member represents and warrants that they are not listed on any sanctions list maintained by the UN Security Council, the US Government (e.g., EU Specially Designated Nationals and Blocked Persons List), or any other equivalent national sanctions list.
Article 33 (Language)
All communications posted or notified by the Institute under these Terms shall be in Korean. For users' convenience, the Institute may provide English translations and Korean versions. However, in the event of any discrepancies between the Korean and English versions, the Korean version shall prevail. Notwithstanding, the member may communicate with the Institute in either Korean or English.
Supplementary Provisions
These Terms shall apply from September 13, 2024.